Prior use and goodwill in MBD support trademark infringement and passing off against unauthorized school use

Continuous and extensive prior use of the mark MBD since 1956, supported by registrations, sales, promotional spending and unrebutted evidence, established the plaintiffs' goodwill and proprietary rights. The defendant's use of MBD for school activities was treated as prominent and not independently justified, creating a likelihood of confusion and an attempt to trade on the plaintiffs' reputation. On that basis, the plaintiffs succeeded in proving trademark infringement and passing off and obtained injunctive relief, costs and damages.

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Issues: Whether the plaintiffs proved prior user, registration and goodwill in the mark MBD, and whether the defendant's use of MBD in relation to its school activities amounted to infringement, passing off and related reliefs.

Analysis: The plaintiffs established continuous and extensive use of the mark MBD since 1956, supported by registrations, sales figures, promotional expenditure, business expansion and unrebutted evidence. The defendant used the abbreviation MBD in a manner that gave prominence to the mark and was not shown to be independently justified. On the unrebutted record, the use was likely to cause confusion and to ride upon the plaintiffs' reputation, attracting the statutory protection available to registered proprietors and the protection against unauthorized use of an identical or deceptively similar mark.

Conclusion: The plaintiffs succeeded in proving trademark infringement and passing off, and were entitled to injunctive relief, costs and damages.

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